Terms & Conditions

Key Terms

• "Subscriber" means any individual or legal entity that enters into an agreement with Extensia for the use of its platform, applications, or related services. The Subscriber is legally responsible for all activities conducted through its Extensia account(s), ensuring compliance with applicable laws, and maintaining the confidentiality and security of authentication credentials.
• "Object" means any distinct record, entry, posting, form, module, listing, event, campaign, or other unit of content or data created within any Extensia application, including fundraisers, causes, events, volunteer opportunities, donor records, marketing materials, forms, or other functional components.
• "Constituent," "Donor," or "Community Member" means an individual or organization who makes a payment to support the Subscriber's organization, whether a donation or payment for services.
• "User" means any individual or organization that utilizes or consumes Services, with or without creating a user account.

Electronic Signatures & Communications Consent

You agree to transact with us electronically. Clicking "I Agree," checking a box, or using the Services constitutes your electronic signature and agreement to this Agreement. You consent to receive notices and records electronically.

SMS Terms and Conditions

Where you provide a phone number and explicitly opt-in via a designated checkbox, you consent to receive SMS text messages from Extensia and our associated Subscriber organizations. Your explicit consent will never be bundled with general terms acceptance or made mandatory for the use of the Services.

• SMS Use Cases: Transactional updates (donation receipts, registration confirmations), administrative alerts, volunteer shift reminders, and promotional outreach regarding upcoming fundraisers or community events. Message frequency varies.
• Message & Data Rates: Message and data rates may apply. Contact your wireless provider with questions about your text plan or data plan.
• Opt-Out: Text "STOP" to any message at any time to unsubscribe. You will receive one final SMS confirmation of your unsubscription.
• Customer Support: Reply "HELP" for assistance or email [email protected].
• Carrier Liability: Carriers are not liable for delayed or undelivered messages.
• Age Restriction: By opting in to receive SMS messages, you represent and warrant that you are 18 years of age or older.

Eligibility and Account Registration

To use the Services you must be of legal age (18 years of age or older, or if you have parental consent, 13 years of age) and competent to agree to these Terms. If Extensia has previously prohibited you from accessing the Services, you are not permitted to access or use the Services.

You agree to provide accurate, complete, and current registration information. You are fully responsible for all activities that occur under your account. Notify us immediately at [email protected] if you become aware of any unauthorized use of your account.

Modifications to this Agreement

We may update this Agreement from time to time by posting the updated version on the Services. Updates are effective upon posting unless a later date is stated. If you do not agree to an update, you must stop using the Services.

Intellectual Property and Proprietary Rights

The Services are owned and operated by Extensia and contain materials protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights shall, as between you and Extensia, at all times be and remain the sole and exclusive property of Extensia.

Data Use for Improvements

We may collect and use aggregated or anonymized data derived from your use of the Services for analytics, benchmarking, and improving our services. Such data will not identify you or your organization.

User Content

The Services may enable you to submit, post, upload, or otherwise make available ("Post") content such as Objects, photographs, questions, ideas, comments, and other content ("User Content").

When you Post User Content, you grant Extensia a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sublicensable license to use, copy, distribute, reproduce, modify, adapt, publicly perform, publicly display, translate, and create derivative works from such User Content solely for the purposes of providing, improving, and promoting the Services. We will not sell, lease, or otherwise commercially exploit your non-public User Content to third parties.

You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post such User Content without violation of any third-party rights.

License and Prohibited Uses

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own use and in a manner that complies with all legal requirements that apply to you.

Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:

1. Post User Content that is polemic, sectarian, or divisive in its nature;
2. Post User Content that supports violence or terrorism;
3. Post User Content that harasses, abuses, or threatens any other person;
4. Copy, modify, distribute, or create derivative works from any content on the Services except as expressly provided;
5. Scrape, access, monitor, or copy any content in an automated way using robots, spiders, or web crawlers;
6. Post material that advocates illegal activity;
7. Post or make available any software, device, or code that is designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
8. Send spam or other unsolicited solicitations;
9. Frame, inline link, or similarly display the Services; or
10. Interfere with any other party's use and enjoyment of the Services.

Payments, Fees, and Auto-Renewal

Extensia works with various payment providers to ensure we can send you funds in a timely manner. Platform fees may apply. Additional fees (also known as Omni-Connect Fee) may also apply per transaction. Payment gateway processing fees apply for all charges, chargebacks, and refunds.

Funds will be transferred to the Subscriber within 30 days after receipt of funds from the payment gateway, barring any unforeseen circumstances such as a possible violation of the Terms, inaccurate information, or Holds.

Auto-Renewal

Unless otherwise stated, subscriptions automatically renew for successive terms equal to the initial subscription period, unless you cancel before the renewal date. We may change our fees upon at least thirty (30) days' prior notice. Your continued use of the Services after the effective date constitutes acceptance of the updated fees.

Chargebacks and Refunds

You are solely responsible for handling refunds, chargebacks, and disputes with your donors or other contributors. We may, in our discretion, deduct or offset such amounts from your account balance or future payouts.

You authorize Extensia to share relevant transaction data with payment processors and financial institutions as necessary to investigate or resolve such disputes.

Fundraising Compliance and Taxes

You are solely responsible for ensuring that your fundraising campaigns, solicitations, and activities comply with all applicable laws, regulations, and tax requirements, including charitable solicitation registration and reporting. We do not monitor your activities for compliance and do not provide legal, tax, or compliance advice. Extensia has no liability for your failure to comply with any such obligations.

Each Subscriber is responsible for determining what, if any, taxes apply to the donations received through the Services. Extensia makes no representation as to whether all or any portion of your donations are tax deductible or eligible for tax credits.

Account Suspensions and Holds

From time to time, Extensia may place a hold on a Subscriber account, suspending the ability of a Subscriber to obtain donations and/or transfer funds already raised. We may place a Hold if: (i) we have reason to believe information provided is false, misleading, or fraudulent; (ii) the funds should be provided to another person; (iii) an Event, Campaign or Subscriber has violated these Terms; or (iv) required to comply with a court order, subpoena, or applicable laws.

If you have questions about a Hold, contact us at [email protected].

Warranties, Disclaimers, and Limitations

In no event shall Extensia or its affiliates, licensors, vendors, or any of their respective directors, officers, employees, agents, or other representatives be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the Services.

Our aggregate liability will not exceed the amount you paid to Extensia for the Services in the 12 months before the claim arose, or $100, whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless Extensia, its affiliates, and their officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs (including attorneys' fees) arising from or relating to: (a) your use of the Services; (b) your fundraising campaigns, solicitations, or events; (c) your violation of this Agreement; or (d) your violation of any law or third-party rights.

Arbitration and Class Action Waiver

You and Extensia agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section governs any and all disputes between us including claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.

Initial Dispute Resolution

Most disputes can be resolved without resort to arbitration. If you have any dispute with us, before taking any formal action, contact us at [email protected] with a brief written description of the dispute and your contact information.

Binding Arbitration

If you and Extensia do not reach an agreed-upon solution within sixty (60) days of initiating informal dispute resolution, either party may initiate binding arbitration through JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims not exceeding $250,000, and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000.

Class Action Waiver

You and Extensia agree that the arbitration shall be conducted in individual capacities only and not as a class action or other representative action. YOU AND EXTENSIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

30-Day Right to Opt Out

You have the right to opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within thirty (30) days of your first use of the Services.

Filing Address

JAMS, 1201 W Peachtree, NW, Suite 2650, Atlanta, GA 30309. Send one copy of the Demand for Arbitration to Extensia, Inc., 2300 Lakeview Parkway, #700, Alpharetta, GA 30009.

Controlling Law and Severability

These Terms shall be construed in accordance with and governed by the laws of the State of Georgia notwithstanding its conflicts of law principles. Except for claims subject to mandatory arbitration, any dispute arising out of these Terms shall be initiated and conducted in the state or federal courts of Fulton County, Georgia, and you and Extensia consent to the exclusive jurisdiction of such courts.

Extensia may assign, transfer, or delegate this Agreement without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer this Agreement without Extensia's prior written consent.

Modification and Termination of Services

Extensia reserves the right at any time to modify or discontinue, temporarily or permanently, the Services, with or without notice. You agree that Extensia shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

Termination for Cause

We may immediately suspend or terminate your account, without prior notice, if we believe that: (a) you have violated this Agreement; (b) your activities create risk for us or other users; (c) your account is involved in fraud, illegal activity, or harm to our reputation; or (d) required by law or by a payment processor. Upon termination, your right to access the Services immediately ceases.

Survival

All provisions of the Terms which by their nature should survive shall survive termination of services, including without limitation Definitions, Intellectual Property, User Content, No Endorsement, Warranties and Disclaimers, Indemnification, Arbitration and Class Action Waiver, and Controlling Law.

Feedback and Notices

By sending us any feedback, comments, questions, or suggestions, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback.